Aadil @ Md. Aadil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52256 of 2022 Arising Out of PS. Case No.-594 Year-2021 Thana- JOKIHAT District- Araria ====================================================== AADIL @ MD. AADIL SON OF MD. MOJIBUR RAHMAN @ MOJIB @ MOJIBU RAHMAN R/O VILLAGE- UDA, P.S.- JOKIHAT (MAHALGAON), DIST.- ARARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-01-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 147, 149, 153, 186, 188, 189, 225, 290, 332, 333, 353, 341, 323, 307, 504 and 506 of the Indian Penal Code.

As per the prosecution case, the petitioner along with the other F.I.R. named accused and 15-20 unknown persons

Patna High Court CR. MISC. No.52256 of 2022(2) dt.12-01-2023 2/3 created hindrance in discharge of official duty of the police personnel. They also assaulted the police personnel and snatched the paper of the police and thereafter, got the arrested co-accused released.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The specific allegation of assault is against the co-accused Mosabbir. He has submitted that petitioner is only alleged to be the member of the mob. He has submitted that there is general and omnibus allegation against the petitioner. The co-accused has also granted bail by the Co-ordinate Bench of this court vide order date 22.09.2022 passed in Cr.Misc. No. 27322 of 2022. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioner. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned,

Patna High Court CR. MISC. No.52256 of 2022(2) dt.12-01-2023 3/3 Araria, in connection with Jokihat (Mahalgao) P.S. Case No. 594 of 2021, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T